Imperato holds on to Tundidor death penalty case

Broward Circuit Judge Cynthia Imperato has told prosecutors and defense lawyers that she intends to continue to preside over the case of Randy W. Tundidor, the Plantation man facing execution for the murder of his landlord in 2010.

Defense lawyer Richard Rosenbaum had asked Imperato to step down from the case late last year, after the judge was arrested in Palm Beach County on suspicion of driving drunk. She has pleaded not guilty.

Rosenbaum argued that a judge being prosecuted by the state should not be in charge of making a life-or-death decision on behalf of the state. Prosecutors and Imperato disagreed. Tundidor, 47, is due back in court next month.

Tundidor was convicted in 2012 of murder, attempted murder, kidnapping, burglary, armed robbery and arson in connection with the April 5, 2010, death of Joseph Morrissey, a Nova Southeastern University professor. Prosecutors said Tundidor stabbed Morrissey to death and set fire to his home, with Morrissey's wife and young son still inside. The wife and son managed to escape relatively unharmed.

The jury recommended the death penalty for Tundidor in a 12-0 vote in Oct. 2012. The judge is able to override their recommendation, but legal motions have kept the case at a standstill, with Imperato yet to make a final ruling.

Rosenbaum said Thursday that he is still filing motions to win Tundidor a new trial or to have Judge Imperato removed from the case on the basis of her own arrest.